another of the upside down emails sent ... from facebook retrieved ... for the record cause ... g-oo-d on the wall ... when it comes to due process matters ... and ... comprehension matters ... to boot ... yup yup ... Me To ARH@hunterandjohnsondonorato@schertlerlawMe Today at 10:40 AM relating to my state of mind ... since mens rea ... and competence to understand the object and nature of the court proceedings as well as ability to aid in my defense is seemingly a question ... tho the law clearly states ... that a defendant is presumed competent ... i figure ... that i should give the doc some info for his understanding with/thru his ... investigation ... on the narrow focus of ... ability to aid in my defense and understanding the object and nature of the court proceedings over the matter of misdemeanor before the court ... which ... since i am self representing thus far ... by right of law ... includes "affirmative defense" pre-trial motions such as estoppel defense when and where ... merited ... not to mention ... showing the shrink ... some prior ss ... doctors orders ... and some findings of fact entered into court in motion to supress evidence ... dealing with those who ... failed to investigate ... you know something about fiduciary responsibility and due diligence for due process ... to be upheld ... with findings of each fact and conclusion of law presented for the record ... by an adequate defense ... which can show ... state of mind ... along with ability to ... aid in defense along with understanding of the object and nature of ... the court proceedings which should be centered around the truth finding function of court ... and of course ... adequate ... defenses ... Due process Due process (more fully due process of law) is the principle that the government must respect all of the legal rights that are owed to a person according to the law of the land, instead of respecting merely some or most of those legal rights. In the laws of the United States (U.S.), this principle gives individuals a varying ability to enforce their rights against alleged violations thereof by governments. Due process has also been frequently interpreted as placing limitations on laws and legal proceedings, in order for judges instead of legislators to guarantee fundamental fairness, justice, and liberty. Due process clause: “Two such clauses are found in the U.”S. Constitution, one in the 5th Amendment pertaining to the federal government, the other in the 14th Amendment which protects persons from state actions. There are two aspects: procedural, in which a person is guaranteed fair procedures and substantive which protects a person’s property from unfair governmental interference or taking. Similar clauses are in most state constitutions. See Due process law.” Due process law: “Law in its regular course of administration through courts of justice. Due process of law in each particular case means such an exercise of the powers of the government as the settled maxims of law permit and sanction, and under such safeguards for the protection of individual rights in those maxims prescribe for the class of cases to which the one in question belongs. A course of legal proceedings according to those rules and principles which have been established in our systems of jurisprudence for the enforcement and protection of private rights. … Due process of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgment upon the question of life, liberty, or property, in its most comprehensive sense; to be heard, by testimony or otherwise, and to have the right of controverting, by proof, every material fact which bears on the question of right in the matter involved. … An orderly proceeding wherein a person is served with notice, actual or constructive, and has an opportunity to be heard and to enforce and protect his rights before a court having power to hear and determine the case. Kazubowski v. Kazubowski,, 45 Ill.2d 405, 259 N.E.2d 282, 290 Phrase means that no person shall be deprived of life, liberty, property or of any right granted him by statute, unless matter involved first shall have been adjudicated against him upon trial conducted according to established rules regulating judicial proceedings, and it forbids condemnation without a hearing … Fundamental requisite of due process is the opportunity to be heard, to be aware that a matter is pending, to make an informed choice whether to acquiesce or contest, and to assert before the appropriate decision-making body the reasons for such choice. Trinity Episcopal Corp. v. Romney, D.C.N.Y., 387 F.Supp. 1044, 1084. Aside from all else, “due process” means fundamental fairness. Pinkerton v. Farr, W.Va., 220 S.E.2d 682, 687. The essential elements of due process of law are notice and opportunity to be heard and to defend in orderly proceeding adapted to nature of case, and the guarantee of due process requires that every man have protection of day in court and benefit of general law. Di Maio v. Reid, 132 N.J.L. 17, 37 A.2d 829,830. Daniel Webster defined this phrase to mean a law which hears before it condemns, which proceeds on inquiry and renders judgment only after trial. Wichita Council No. 120 of Security Ben. Ass’n v. Security Ben. Assn., 138 Kan. 841, 28 P.2d 976, 980; J. B. Barnes Drilling Co. v. Phillips, 166 Okl. 154, 26 P.2d 766. This constitutional guaranty demands only that law shall not be unreasonable, arbitrary, or capricious, and that means selected shall have real and substantial relation to object. …” Due process rights: “All rights which are of such fundamental importance as to require compliance with due process standards of fairness and justice.” Due proof: “Sufficient evidence to support or produce a conclusion; adequate evidence.” so please hunter ... since you work at the court ... find the name of the shrink i am supposed to meet on thurs ... download and deliver him these files ... send me his name and please make sure he signs for receipt of such attached files so we can all be sure ... due diligence is done ... this time ... investigation wise ... so the shrink can ... put any questions he has for me ... in writing that i may respond in writing since i will be going to see him ... i might as well have ... his questions in writing ... since he should presume i am competent ... i guess he should have some questions for me ... to answer ... begining with that presumption of competence ... and backed up by info dealing with ... my state of mind and relevant ... evidence of such ... state of mind ... thanks c oh and since it is important ... for my right to self represent myself in these misdemeanor matters before the court ... by ... entering impeachment evidence into court ... some of which ... i have no problem letting the shrink know about ... since ... clearly impeachyment evidence not to mention ... estoppel evidence ... so a signed statement by the shrink showing he did his investigation adequately ... and also a signed statement by you hunter saying you also read ... the shrink ... and impeachment ... and estoppel ... evidence ... and hay if you could send it over to the prosecutor ... she did say she would be looking for impeachment and estoppel discovery ... and let me know that she has received it cause you are supposed to be a legal aid in these matters ... and if you also say you will give it to the clerk of the court as informational background impeachment/estoppel evidence the judge is also expecting such evidence that i said in court i would bring to the courts attention ... that would be a good start in ... legal aid stuff ... and please see to it since not that much effort that it is done in timely fashion ... thanks in advance for your time and consideration ... i do look forward to acknowledgement in writing that you have done and read and sent and gotten signed receipts from all mentioned parties ... or if you refuse to do such ... let me know in writing also since i need to aid in my defense ... in timely fashion ... so ten attachments 10 AttachmentsView allDownload all
Posted on: Wed, 09 Oct 2013 00:29:45 +0000